Comparison of Workers’ Compensation Arrangements in Australia and New Zealand (2012)

Table 2.5: Summary of entitlements as at 30 September 2011

	New South Wales	Victoria	Queensland		Western Australia	South Australia	Tasmania	Northern Territory	Australian Capital Territory	Australian Government	C’wealth DVA
What pre-injury weekly earning includes
Overtime	No	Yes for 52 weeks of weekly payments	Yes (NWE)		Yes for the first 13 weeks. No from week 14 onward	Yes	No, with some exceptions (see note)	Yes if regular	-	Yes	Yes
Bonuses	No	No	Yes		Yes for the first 13 weeks. No from week 14 onward	Yes	No (section 70(2)(ac))	No	-	No (some allowances are payable)	No (some allowances are payable)
Entitlements expressed as a percentage of pre-injury earnings for award wage earners^a
0-13 weeks (total incapacity)	100%	95% up to max	85% of NWE^c (or 100% under industrial agreement)		100%	100%	100%	100%	100%	100%	100%
14-26 weeks (total incapacity)	100%	80% up to max	85% of NWE^c (or 100% under industrial agreement)		100%	90%	100%	100%	100%	100%	100%
27-52 weeks (total incapacity)	90% of AWE or the statutory rate of $417.40, + additional amount for spouse and/or dependent children spouse: $110.00, 1 child: $78.60, 2 children:$175.80, 3 children: $291.30, 4 children: $409.70. For each additional dependent child in excess of 4: $118.20.^b	80% up to max	75% NWE or 70% QOTE^c		100%	80%	90%	75-90%	65% or Stat Floor	27-45 wks 100% 46-52 wks 75%	27-45 wks 100% 46-52 wks 75%
53-104 weeks (total incapacity)	90% of AWE or the statutory rate of $417.40, + additional amount for spouse and/or dependent child spouse: $110.00, 1 child: $78.60, 2 children:$175.80, 3 children: $291.30, 4 children: $409.70. For each additional dependent child in excess of 4: $118.20.^b	80% up to max	75% NWE or 70% QOTE^c		100%	80%	53-78 weeks 90%, 79-104 weeks 80%	75-90%	65% or Stat Floor	75%	75%
104+ weeks (total incapacity)	90% of AWE or the statutory rate of $417.40, + tadditional amount for spouse and/or dependent children spouse: $110.00, 1 child: $78.60, 2 children:$175.80, 3 children: $291.30, 4 children: $409.70. For each additional dependent child in excess of 4: $118.20.^b	80% (up to max., subject to work capacity test after 130 weeks)	QOTE if > 15% Work-Related Impairment, equal to single pension rate^c		100%	80% (ongoing entitlement after 130 weeks is subject to capacity review	80%	75-90%	65% or Stat Floor	75%	75%
Other entitlements
Permanent impairment	>75% impairment: $220 000 for multiple injuries or $231 000 for back impairment + $50 000 pain & suffering	$527 610	$273 055 permanent impairment + $309 315 gratuitous care.	$190 701 + $143 025 in special circumstances^d		$437 401	$289 193	$278 969.60 permanent impairment	$131,785 (single) $197,677.(multiple)	$163 535 (Economic) $61 326 (non economic loss)	a) $397 790.28 max. PI limit for combination of initial and additional compensation; b) $77 222.06 foe each dependent child if receiving max. PI compensation.
Limits- medical and hospital	$50 000 or greater amount prescribed or directed by WC Commission	52 weeks from cessation of weekly payments^e	Medical - no limit. Hospital - 4 days (>4 days if reasonable)	$57 210 + $50 000 in special circumstances		No limit	No limits, but entitlements cease either after 1 year of weekly benefits cessation or 1 year after claim was made.	No limit	No limit	No limit	No limit.
Death entitlements (all jurisdictions pay funeral expenses to differing amounts)^f	$465 100 + $118.20 pw for each dependant child	$527 610 (shared) + pre-injury earnings-related pensions to a maximum of $1 930 pw for dependent partner/s and children	$511 460 + $13 665 to dep. spouse + $27 320 for each dep. family member under 16 or student + $98.25pw per child to spouse while children are under 6 yrs + $122.80pw per dep. child/family member while children/family members under 16 yrs or a student	$261 429 + $50pw for each dependant child + max of $55 018 for medical expenses^d		$437 401 + 50% worker’s NWE for totally dep. spouse 25% worker’s NWE for totally dep. orphaned child. 12.5% worker’s NWE for totally dep. non-orphaned child	$289 193 + 100% weekly payment 0-26 weeks, 90% weekly payment 27-78 weeks, 80% weekly payment 79-104 weeks + $104.53pw for each dependant child	$348 712 + $134.12pw for each dependant child to max of 10 children	$197 677 cpi indexed + $565.89pw cpi indexed pw for each dependant child	$458 980.51 + lump sum + $10 138.75 funeral + $126.22pw for each dependant child	a) $379.35 per week or $638 787.47 for partner b) $77 222.06 for each dep child c) $84.94 pw +$3.00 MRCA supplement for each dep child d) 41 544.43 financial advice.